Opinion
2 CA-CR 2024-0025
09-24-2024
The State of Arizona, Appellee, v. Todd Marshall Wertin, Appellant.
Emily Danies, Tucson Counsel for Appellant
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Appeal from the Superior Court in Gila County No. S0400CR202200404 The Honorable Timothy M. Wright, Judge
Emily Danies, Tucson Counsel for Appellant
Judge Brearcliffe authored the decision of the Court, in which Presiding Judge Sklar and Vice Chief Judge Eppich concurred.
MEMORANDUM DECISION
BREARCLIFFE, JUDGE
¶1 After a jury trial, Todd Wertin was convicted of resisting arrest and aggravated assault on a police officer. Wertin was also convicted of public consumption of alcohol and false reporting, both misdemeanor offenses, after a bench trial. The trial court sentenced him to concurrent prison and jail terms, the longest of which is five years.
¶2 On appeal, counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297 (1969), asserting she reviewed the record but found "[n]o arguable question of law." Consistent with State v. Clark, 196 Ariz. 530, ¶ 30 (App. 1999), counsel has provided a factual and procedural history of the case with citations to the record and has asked this court to search the record for reversible error. Wertin has not filed a supplemental brief.
¶3 Viewed in the light most favorable to affirming the verdicts, see State v. Holle, 240 Ariz. 300, ¶ 2 (2016), the evidence is sufficient here, see A.R.S. §§ 4-244(20), 13-1203(A)(1), 13-1204(A)(8)(a), (G), 13-2508(A)(1), 13-2907.01(A). In June 2022, an officer with the Payson Police Department saw Wertin drinking beer behind a gas station and told him he could not drink there. Wertin gave the officer an incorrect name and birthdate, attempted to leave the scene after repeatedly being told he was not free to do so, and-after being told that he was under arrest-tensed his arms to avoid being placed in handcuffs and pushed the officer's head against a metal railing on a retaining wall, injuring him. The sentences imposed are within the statutory ranges. See A.R.S. §§ 4-246(A), 13-701(E), 13-703(B), (F), (I), 13-707(A)(1), (2), 13-708(D), 13-1204(G), 13-2508(B), 13-2907.01(B); see also Ariz. R. Crim. P. 13.5(b).
¶4 Pursuant to our obligation under Anders, we have searched the record for reversible error and have found none. See State v. Fuller, 143 Ariz. 571, 575 (1985). Accordingly, we affirm Wertin's convictions and sentences.